The defendant shall be innocent.

1. The purport of the facts charged is that at least 50 percent of the relevant district area is developed by cancelling the development restriction zone among the public housing sites located in the Seoul Metropolitan area and at least one year from June 14, 2016, where a contract can be concluded is limited.

Nevertheless, around 12:00 on June 19, 2016, the Defendant sold the E-official brokerage office located in Namyang-si, Gyeonggi-do, to H with a premium of KRW 30 million through G, other than the instant case, at the E-official brokerage office located in Nam-si, Namyang-si, Gyeonggi-do.

Accordingly, the defendant sold the status of being selected as the occupant of the housing subject to the prohibition of resale within the period of prohibition of resale.

2. Determination

A. Article 41-2(1) of the former Housing Act (amended by Act No. 13805, Jan. 19, 2016) provides that the period of restriction on resale shall be prescribed by Presidential Decree, and Article 45-2(2) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 27444, Aug. 11, 2016) provides that the initial date of the period of restriction on resale shall be “the date on which it is possible to enter into a housing supply contract for the first time”.

B. According to the evidence duly adopted and examined by the court, it is recognized that the date when the first housing supply contract can be concluded with respect to the apartment of this case was June 14, 2016, the Defendant was selected as the occupant of the apartment of this case, and the Defendant was to receive KRW 30 million from H and sold his status.

그러나 이 사건 기록에 의하여 인정되는 다음과 같은 사정들, 즉 ① 피고인은 2016. 6. 초경 떴다 방 업자인 G을 통하여 H에게 위 입주자 지위를 매도하였다고

On June 2, 2016, H purchased the status of occupant with the I's funds. On June 2, 2016, H transferred KRW 36 million to H's account, and H transferred KRW 35 million to G's account on the same day.